II

Calendar No. 362

114TH CONGRESS
2D SESSION

S. 2040

To deter terrorism, provide justice for victims, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 16, 2015
Mr. CORNYN (for himself, Mr. SCHUMER, Mr. GRASSLEY, Mrs. FEINSTEIN,
Mr. HATCH, Mr. MENENDEZ, Mr. GRAHAM, Mr. WHITEHOUSE, Mr. LEE,
Ms. KLOBUCHAR, Mr. FLAKE, Mr. FRANKEN, Mr. CRUZ, Mr. COONS, Mr.
TILLIS, Mr. BLUMENTHAL, Mr. PERDUE, Mr. MARKEY, Mrs. GILLIBRAND, and Mr. RUBIO) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
FEBRUARY 3, 2016
Reported by Mr. GRASSLEY, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]

A BILL
To deter terrorism, provide justice for victims, and for other
purposes.
1

Be it enacted by the Senate and House of Representa-

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2 tives of the United States of America in Congress assembled,

3

SECTION 1. SHORT TITLE.

This Act may be cited as the Justice Against Spon-

5 sors of Terrorism Act.

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2
1

SEC. 2. FINDINGS AND PURPOSE.

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(a) FINDINGS.Congress finds the following:

(1) International terrorism is a serious and

deadly problem that threatens the vital interests of

the United States.

(2) The Constitution confers upon Congress the

power to punish crimes against the law of nations

and therefore Congress may by law impose penalties

on those who provide material support to foreign or-

10

ganizations engaged in terrorist activity, and allow

11

for victims of international terrorism to recover

12

damages from those who have harmed them.

13

(3) International terrorism affects the inter-

14

state and foreign commerce of the United States by

15

harming international trade and market stability,

16

and limiting international travel by United States

17

citizens as well as foreign visitors to the United

18

States.

19

(4) Some foreign terrorist organizations, acting

20

through affiliated groups or individuals, raise signifi-

21

cant funds outside of the United States for conduct

22

directed and targeted at the United States.

23

(5) It is necessary to recognize the substantive

24

causes of action for aiding and abetting and con-

25

spiracy liability under the Anti-Terrorism Act of

26

1987 (22 U.S.C. 5201 et seq.).

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1

(6) The decision of the United States Court of

Appeals for the District of Columbia in Halberstam

v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has

been widely recognized as the leading case regarding

Federal civil aiding and abetting and conspiracy li-

ability, including by the Supreme Court of the

United States, provides the proper legal framework

for how such liability should function in the context

of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201

asabaliauskas on DSK5VPTVN1PROD with BILLS

10

et seq.).

11

(7) The United Nations Security Council de-

12

clared in Resolution 1373, adopted on September

13

28, 2001, that all countries have an affirmative obli-

14

gation to [r]efrain from providing any form of sup-

15

port, active or passive, to entities or persons involved

16

in terrorist acts, and to [e]nsure that any person

17

who participates in the financing, planning, prepara-

18

tion or perpetration of terrorist acts or in supporting

19

terrorist acts is brought to justice.

20

(8) Consistent with these declarations, no coun-

21

try has the discretion to engage knowingly in the fi-

22

nancing or sponsorship of terrorism, whether di-

23

rectly or indirectly.

24

(9) Persons, entities, or countries that know-

25

ingly or recklessly contribute material support or re-

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4
1

sources, directly or indirectly, to persons or organi-

zations that pose a significant risk of committing

acts of terrorism that threaten the security of na-

tionals of the United States or the national security,

foreign policy, or economy of the United States, nec-

essarily direct their conduct at the United States,

and should reasonably anticipate being brought to

court in the United States to answer for such activi-

ties.

10

(10) The United States has a vital interest in

11

providing persons and entities injured as a result of

12

terrorist attacks committed within the United States

13

with full access to the court system in order to pur-

14

sue civil claims against persons, entities, or countries

15

that have knowingly or recklessly provided material

16

support or resources, directly or indirectly, to the

17

persons or organizations responsible for their inju-

18

ries.

19

(b) PURPOSE.The purpose of this Act is to provide

20 civil litigants with the broadest possible basis, consistent

21 with the Constitution of the United States, to seek relief
22 against persons, entities, and foreign countries, wherever
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23 acting and wherever they may be found, that have pro24 vided material support, directly or indirectly, to foreign

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5
1 organizations or persons that engage in terrorist activities
2 against the United States.
3

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

Section 1605(a) of title 28, United States Code, is

5 amended
6

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(1) by amending paragraph (5) to read as follows:

(5) not otherwise encompassed in paragraph

(2), in which money damages are sought against a

10

foreign state arising out of physical injury or death,

11

or damage to or loss of property, occurring in the

12

United States and caused by the tortious act or

13

omission of that foreign state or of any official or

14

employee of that foreign state while acting within

15

the scope of the office or employment of the official

16

or employee (regardless of where the underlying

17

tortious act or omission occurs), including any statu-

18

tory or common law tort claim arising out of an act

19

of extrajudicial killing, aircraft sabotage, hostage

20

taking, terrorism, or the provision of material sup-

21

port or resources for such an act, or any claim for

22

contribution or indemnity relating to a claim arising

23

out of such an act, except this paragraph shall not

24

apply to

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1

(A) any claim based upon the exercise or

performance of, or the failure to exercise or

perform, a discretionary function, regardless of

whether the discretion is abused; or

(B) any claim arising out of malicious

prosecution, abuse of process, libel, slander,

misrepresentation, deceit, interference with con-

tract rights, or any claim for emotional distress

or derivative injury suffered as a result of an

10

event or injury to another person that occurs

11

outside of the United States; or; and

12

(2) by inserting after subsection (d) the fol-

13

lowing:

14

(e) DEFINITIONS.For purposes of subsection

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15 (a)(5)
16

(1) the terms aircraft sabotage, extrajudicial

17

killing, hostage taking, and material support or

18

resources have the meanings given those terms in

19

section 1605A(h); and

20

(2) the term terrorism means international

21

terrorism and domestic terrorism, as those terms are

22

defined in section 2331 of title 18..

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7
1

SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC-

TIONS REGARDING TERRORIST ACTS.

(a) IN GENERAL.Section 2333 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6

(d) LIABILITY.In an action under subsection (a)

7 for an injury arising from an act of international terrorism

8 committed, planned, or authorized by an organization that
9 had been designated as a foreign terrorist organization
10 under section 219 of the Immigration and Nationality Act
11 (8 U.S.C. 1189), as of the date on which such act of inter12 national terrorism was committed, planned, or authorized,
13 or that was so designated as a result of such act of inter14 national terrorism, liability may be asserted as to any per15 son who aided, abetted, or conspired with the person who
16 committed such an act of international terrorism..
17

(b) EFFECT

ON

FOREIGN SOVEREIGN IMMUNITIES

18 ACT.Nothing in the amendments made by this section

19 affects immunity of a foreign state, as that term is defined
20 in section 1603 of title 28, United States Code, from juris21 diction under other law.
22

SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS RE-

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23
24

GARDING TERRORIST ACTS.

Section 2334 of title 18, United States Code, is

25 amended by inserting at the end the following:

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8
1

(e) PERSONAL JURISDICTION.The district courts

2 shall have personal jurisdiction, to the maximum extent

3 permissible under the 5th Amendment to the Constitution
4 of the United States, over any person who commits or aids
5 and abets an act of international terrorism or otherwise
6 sponsors such act or the person who committed such act,
7 for acts of international terrorism in which any national
8 of the United States suffers injury in his or her person,
9 property, or business by reason of such an act in violation
10 of section 2333..
11

SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL

12
13

ACTIONS REGARDING TERRORIST ACTS.

Section 2337 of title 18, United States Code, is

14 amended to read as follows:

15 2337. Suits against Government officials
16

No action may be maintained under section 2333

asabaliauskas on DSK5VPTVN1PROD with BILLS

17 against
18

(1) the United States;

19

(2) an agency of the United States; or

20

(3) an officer or employee of the United States

21

or any agency of the United States acting within the

22

official capacity of the officer or employee or under

23

color of legal authority..

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9
1

SEC. 7. SEVERABILITY.

If any provision of this Act or any amendment made

3 by this Act, or the application of a provision or amend4 ment to any person or circumstance, is held to be invalid,
5 the remainder of this Act and the amendments made by
6 this Act, and the application of the provisions and amend7 ments to any other person not similarly situated or to
8 other circumstances, shall not be affected by the holding.
9

SEC. 8. EFFECTIVE DATE.

10

The amendments made by this Act shall apply to any

11 civil action
12

(1) pending on, or commenced on or after, the

13

date of enactment of this Act; and

14

(2) arising out of an injury to a person, prop-

15
16

erty, or business on or after September 11, 2001.

SECTION 1. SHORT TITLE.

17

This Act may be cited as the Justice Against Spon-

18 sors of Terrorism Act.

19

SEC. 2. FINDINGS AND PURPOSE.

asabaliauskas on DSK5VPTVN1PROD with BILLS

20

(a) FINDINGS.Congress finds the following:

21

(1) International terrorism is a serious and

22

deadly problem that threatens the vital interests of the

23

United States.

24

(2) The Constitution confers upon Congress the

25

power to punish crimes against the law of nations

26

and therefore Congress may by law impose penalties

S 2040 RS

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asabaliauskas on DSK5VPTVN1PROD with BILLS

10
1

on those who provide material support to foreign or-

ganizations engaged in terrorist activity, and allow

for victims of international terrorism to recover dam-

ages from those who have harmed them.

(3) International terrorism affects the interstate

and foreign commerce of the United States by harm-

ing international trade and market stability, and

limiting international travel by United States citi-

zens as well as foreign visitors to the United States.

10

(4) Some foreign terrorist organizations, acting

11

through affiliated groups or individuals, raise signifi-

12

cant funds outside of the United States for conduct

13

directed and targeted at the United States.

14

(5) It is necessary to recognize the substantive

15

causes of action for aiding and abetting and con-

16

spiracy liability under the Anti-Terrorism Act of

17

1987 (22 U.S.C. 5201 et seq.).

18

(6) The decision of the United States Court of

19

Appeals for the District of Columbia in Halberstam

20

v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has

21

been widely recognized as the leading case regarding

22

Federal civil aiding and abetting and conspiracy li-

23

ability, including by the Supreme Court of the United

24

States, provides the proper legal framework for how

S 2040 RS
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asabaliauskas on DSK5VPTVN1PROD with BILLS

11
1

such liability should function in the context of the

Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).

(7) The United Nations Security Council de-

clared in Resolution 1373, adopted on September 28,

2001, that all countries have an affirmative obliga-

tion to [r]efrain from providing any form of sup-

port, active or passive, to entities or persons involved

in terrorist acts, and to [e]nsure that any person

who participates in the financing, planning, prepara-

10

tion or perpetration of terrorist acts or in supporting

11

terrorist acts is brought to justice.

12

(8) Consistent with these declarations, no coun-

13

try has the discretion to engage knowingly in the fi-

14

nancing or sponsorship of terrorism, whether directly

15

or indirectly.

16

(9) Persons, entities, or countries that knowingly

17

or recklessly contribute material support or resources,

18

directly or indirectly, to persons or organizations that

19

pose a significant risk of committing acts of terrorism

20

that threaten the security of nationals of the United

21

States or the national security, foreign policy, or

22

economy of the United States, necessarily direct their

23

conduct at the United States, and should reasonably

24

anticipate being brought to court in the United States

25

to answer for such activities.

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12
1

(10) The United States has a vital interest in

providing persons and entities injured as a result of

terrorist attacks committed within the United States

with full access to the court system in order to pursue

civil claims against persons, entities, or countries

that have knowingly or recklessly provided material

support or resources, directly or indirectly, to the per-

sons or organizations responsible for their injuries.

(b) PURPOSE.The purpose of this Act is to provide

10 civil litigants with the broadest possible basis, consistent

11 with the Constitution of the United States, to seek relief
12 against persons, entities, and foreign countries, wherever
13 acting and wherever they may be found, that have provided
14 material support, directly or indirectly, to foreign organi15 zations or persons that engage in terrorist activities against
16 the United States.
17

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

18

Section 1605(a) of title 28, United States Code, is

19 amended
20

asabaliauskas on DSK5VPTVN1PROD with BILLS

21

(1) by amending paragraph (5) to read as follows:

22

(5) not otherwise encompassed in paragraph

23

(2), in which money damages are sought against a

24

foreign state arising out of physical injury or death,

25

or damage to or loss of property, occurring in the

S 2040 RS
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13
1

United States and caused by the tortious act or omis-

sion of that foreign state or of any official or em-

ployee of that foreign state while acting within the

scope of the office or employment of the official or em-

ployee (regardless of where the underlying tortious act

or omission occurs), including any statutory or com-

mon law tort claim arising out of an act of

extrajudicial killing, aircraft sabotage, hostage taking,

terrorism, or the provision of material support or re-

10

sources for such an act, or any claim for contribution

11

or indemnity relating to a claim arising out of such

12

an act, except this paragraph shall not apply to

13

(A) any claim based upon the exercise or

14

performance of, or the failure to exercise or per-

15

form, a discretionary function, regardless of

16

whether the discretion is abused; or

17

(B) any claim arising out of malicious

18

prosecution, abuse of process, libel, slander, mis-

19

representation, deceit, interference with contract

20

rights, or any claim for emotional distress or de-

21

rivative injury suffered as a result of an event

22

or injury to another person that occurs outside

23

of the United States; or; and

24

(2) by inserting after subsection (d) the fol-

25

lowing:

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14
1

(e)

DEFINITIONS.For

purposes

of

subsection

2 (a)(5)
3

(1) the terms aircraft sabotage, extrajudicial

killing, hostage taking, and material support or re-

sources have the meanings given those terms in sec-

tion 1605A(h); and

(2) the term terrorism means international

terrorism and domestic terrorism, as those terms are

defined in section 2331 of title 18..

10

SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC-

11

TIONS REGARDING TERRORIST ACTS.

12

(a) IN GENERAL.Section 2333 of title 18, United

13 States Code, is amended by adding at the end the following:

14

(d) LIABILITY.In an action under subsection (a) for

15 an injury arising from an act of international terrorism

16 committed, planned, or authorized by an organization that
17 had been designated as a foreign terrorist organization
18 under section 219 of the Immigration and Nationality Act
19 (8 U.S.C. 1189), as of the date on which such act of inter20 national terrorism was committed, planned, or authorized,
21 liability may be asserted as to any person who aids and
22 abets, by knowingly providing substantial assistance, or
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23 who conspires with the person who committed such an act

24 of international terrorism..

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15
1

(b) EFFECT

ON

FOREIGN SOVEREIGN IMMUNITIES

2 ACT.Nothing in the amendments made by this section af3 fects immunity of a foreign state, as that term is defined
4 in section 1603 of title 28, United States Code, from juris5 diction under other law.
6

SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS RE-

GARDING TERRORIST ACTS.

Section 2334 of title 18, United States Code, is amend-

9 ed by inserting at the end the following:

10

(e) PERSONAL JURISDICTION.The district courts

11 shall have personal jurisdiction, to the maximum extent

12 permissible under the 5th Amendment to the Constitution
13 of the United States, over any person who commits or aids
14 and abets an act of international terrorism or who con15 spires with the person who committed such act, for acts of
16 international terrorism in which any national of the
17 United States suffers injury in his or her person, property,
18 or business by reason of such an act in violation of section
19 2333..
20

SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL

21
22

ACTIONS REGARDING TERRORIST ACTS.

Section 2337 of title 18, United States Code, is amend-

asabaliauskas on DSK5VPTVN1PROD with BILLS

23 ed to read as follows:

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16
1 2337. Suits against Government officials
2

No action may be maintained under section 2333

3 against
4

(1) the United States;

(2) an agency of the United States; or

(3) an officer or employee of the United States

or any agency of the United States acting within the

official capacity of the officer or employee or under

color of legal authority..

10

SEC. 7. SEVERABILITY.

11

If any provision of this Act or any amendment made

12 by this Act, or the application of a provision or amendment

13 to any person or circumstance, is held to be invalid, the
14 remainder of this Act and the amendments made by this
15 Act, and the application of the provisions and amendments
16 to any other person not similarly situated or to other cir17 cumstances, shall not be affected by the holding.
18

SEC. 8. EFFECTIVE DATE.

19

The amendments made by this Act shall apply to any

20 civil action
21
22

(1) pending on, or commenced on or after, the

date of enactment of this Act; and

asabaliauskas on DSK5VPTVN1PROD with BILLS

23
24

(2) arising out of an injury to a person, property, or business on or after September 11, 2001.

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Calendar No. 362

S. 2040

asabaliauskas on DSK5VPTVN1PROD with BILLS

114TH CONGRESS
2D SESSION

A BILL
To deter terrorism, provide justice for victims, and
for other purposes.
FEBRUARY 3, 2016
Reported with an amendment

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